Lawyer: Pot shops by school don't violate law

Damon Harris stands outside the Lake Forest Wellness Center and Collective. He is co-owner of the business on Raymond Way in Lake Forest. Across Raymond Way is a daycare center. The city of Lake Forest says the center, in background, is within 600 feet of the collective and needs to shut down. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER

LAKE FOREST – For more than a year, Julie Labus has smelled pot wafting from nearby medical marijuana shops.

"It's bad for my business and bad for the children," said Labus, director of Montessori Children's School House on Raymond Way. "I've had complaints from parents and teachers here. I don't have a problem if people need it for medical reasons, but it just doesn't belong next to a school."

Damian Nassiri, an attorney representing two of the seven dispensaries – the Lake Forest Wellness Center & Collective and the Independent Collective of Orange County – on Monday asked the 4th District Court of Appeal to stay Chafee's order.

"The school is not a licensed K-12 school," Nassiri said. "There are teachers who are providing instruction to that age, but there is no actual kindergarten. This is overreaching, and this school does not meet the requirement that went into place Jan. 1. The amendment excludes day care and colleges."

Nassiri said he believes the Superior Court judge doesn't have jurisdiction to issue the temporary restraining order because the Lake Forest Wellness Center & Collective has a stay in place against a previous temporary restraining order obtained by the city in July. Chafee also issued that order, based on the city's argument that the dispensaries violate city zoning code.

Nassiri also said he believes the new law applies to collectives that need business licenses. Since Lake Forest does not require business licenses, Nassiri said the law should not apply.

Since Friday, Damon Harris, who co-owns the Lake Forest Wellness Center & Collective, said he has received nonstop calls from concerned patients worried the dispensary that has been there since 2009 might be shutting down. Harris said he's seen an increase in patients with multiple sclerosis, carpal tunnel syndrome and veterans diagnosed with PTSD.

"We have to be here for our patients," he said.

Christopher Stiven, 41, from San Clemente was upset the dispensary might be shutdown. He said he used to go to one in Dana Point, but it was shut down. Now he travels to Lake Forest several times a week to buy marijuana in various forms to treat a severe back disability caused by a car crash, he said.

"It's ridiculous," he said of Lake Forest's efforts to close the dispensaries. "Marijuana saved me. It helps me sleep and relaxes my muscles."

Dalton Sly, of Mission Viejo, visits the dispensaries on Raymond Way three to four times a week. The 18-year-old can't sleep at night because of anxiety. A month ago, he got a medical marijuana card.

"I think it's ridiculous," he said. "What's wrong with marijuana?"

Mayor Peter Herzog said city officials are pleased state law supports the city's stance that dispensaries should not be near schools.

"We will continue to aggressively pursue our stance that marijuana stores were not contemplated on our land use plan and are therefore not allowed in any area of our city," he said.

City Attorney Scott Smith said the dispensaries are subject to the temporary restraining order as soon as the businesses are served. A court hearing is scheduled in May on permanently shutting down the dispensaries.

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Damon Harris stands outside the Lake Forest Wellness Center and Collective. He is co-owner of the business on Raymond Way in Lake Forest. Across Raymond Way is a daycare center. The city of Lake Forest says the center, in background, is within 600 feet of the collective and needs to shut down. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Julie Labus is a teacher at the Montessori Children's School House. The school is across Raymond Way in Lake Forest from the Lake Forest Wellness Center and Collective. The city of Lake Forest says the center is within 600 feet of the collective and the collective needs to shut down. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Medical marijuana is shown in the Lake Forest Wellness Center and Collective in this June 2010 photo. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
The Lake Forest Wellness Center and Collective is on the second floor of this strip mall on Raymond Way in Lake Forest. The city of Lake Forest says the Montessori Children's School House is within 600 feet of the collective and the collective needs to shut down. The school and collective are on opposite sides of Raymond Way. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Christopher Stiren has been a patient at the Lake Forest Wellness Center and Collective for 8 years to treat pain related to a broken spine. The city of Lake Forest says the Montessori Children's School House is within 600 feet of the collective and the collective needs to shut down. The school and collective are on opposite sides of Raymond Way. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Damon Harris, co-owner of the Lake Forest Wellness Center and Collective, talks about the city of Lake Forest trying to shut down his business because it is within 600 feet of the Montessori Children's School House. The school is across the street from the collective in Lake Forest. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Mike Deblese and Graham Valker (in blue) look over medical marijuana product at the Lake Forest Wellness Center and Collective in this June 2010 photo. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Damian Nassiri is the attorney for the Lake Forest Wellness Center and Collective in Lake Forest. The city of Lake Forest trying to shut down the business because it is within 600 feet of the Montessori Children's School House. The school is across the street from the collective in Lake Forest. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
The Montessori Children's School House sits in a strip mall across Raymond Way in Lake Forest from the Lake Forest Wellness Center and Collective. The city of Lake Forest says the center is within 600 feet of the collective and the collective needs to shut down. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Medical marijuana is shown on a scale in the Lake Forest Wellness Center and Collective in this June 2010 photo. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER
Damon Harris, left, manager at the Lake Forest Wellness Center and Collective talks with Mike Deblese and Graham Valker (in blue) before they pick out their medical marijuana at the collective in this June 2010 photo. PAUL BERSEBACH, THE ORANGE COUNTY REGISTER

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